Check How To Get Compensation For Work Related Injuries

By Jo Greenwood. Last Updated 17th July 2023. Have you suffered any work related injuries? Are you wondering how you can claim for compensation? This article will explain if you are eligible for compensation, what work related injuries you could claim for, the time limits for a personal injury claim and how much compensation you could receive.

Injuries can range from minor to life-altering with consequences affecting your physicality, mental health and can even impact your ability to work. When dealing with your pain and the financial costs during your injury you might be confused about where to start when making a claim.

Work related injuries

A guide to claiming for work related injuries

Contact our advisors today and they can help determine whether you have grounds for your personal injury claim for your work related injuries. If they see that your claim is valid, they may pass it to our panel of No Win No Fee solicitors who can help you get the legal process started. Get in touch today by:

Select A Section

  1. Am I Eligible To Get Compensation For Work Related Injuries?
  2. What Work Related Injuries Could I Claim For?
  3. Time Limits For Workplace Injury Claims
  4. What To Do After Suffering Work Related Injuries
  5. Calculating Payouts For Work Related Injuries
  6. How We Could Help You Start Your Claim For Work Related Injuries

Am I Eligible To Get Compensation For Work Related Injuries?

To figure out whether you are eligible for workers’ compensation for your work related injuries, you first need to work out who was at fault. Not all injuries received due to accidents in the workplace will mean you can claim compensation as first it is important to find out if the accident was caused by negligence or was simply an incident that could not have been avoided. 

All employers owe their employees a duty of care, also known as their, responsibility to take practicable steps to provide a reasonably safe working environment. The Health and Safety at Work etc. ct 1974 is a piece of legislation that outlines the health and safety regulations an employer can follow to ensure their employees remain safe in the workplace.

For more questions on claiming compensation for your work related injuries, contact our advisors today.

What Work Related Injuries Could I Claim For?

To make a claim you have to prove your injuries were caused by your employer breaching their duty of care resulting in an accident that caused your injury. An example of some possible workplace accidents include:

To establish liability you must be able to prove that they were negligent of health and safety regulations and contributed to your injury. Health and safety laws establish the practicable steps an employer can take under their duty of care, for example:

  • Maintaining work systems – Ensuring equipment and tool are kept to an adequately safe standard. Failure to maintain equipment may result in malfunctions, such as an emergency stop button breaking and a hand being crushed in the machine. 
  • Providing personal protective equipment (PPE) – According to The Personal Protective Equipment at Work (Amendment) Regulations, 2022 free and suitable PPE should be provided to all employees where necessary.
  • General housekeeping – Walkways should be free of spills and clear of obstructions. Loose wires pose trip hazards and could cause an injury. 
  • Providing sufficient training and supervision – Employers should provide free and relevant training where necessary for employees to safely perform their job. Operating machinery without proper training can increase the chance of injury.

Employers should conduct risk assessments per the Management of Health and Safety at Work Regulations 1999 to ensure that they are successfully lessening the risks that hazards pose in the workplace. Failing to perform the assessments can lead to accidents that could have easily been prevented. This would be seen as a breach of the duty of care. 

Time Limits For Workplace Injury Claims

Time limits for personal injury claims are established in The Limitation Act 1980 and are usually:

  • 3 years from the date of the injury.
  • 3 years from the discovery of the injury, for example, industrial asbestos-related illnesses where the injury may take time to develop or longer to surface or be diagnosed. 

Outside of the 3 years, there are exceptions to the general rules, which include:

  • The 3-year time limit does not begin until the 18th birthday lasting until the 21st birthday.
  • Under 18 a litigation friend can claim on your behalf.
  • If mentally incapable a litigation friend can claim for you. 

A litigation friend can be appointed on your behalf as a representative of your best interests. 

Contact our advisors for more information on the work related injury claim time limits.

What To Do After Suffering Work Related Injuries

If you are claiming for an injury at work, you will need to gather evidence. This could be in the form of:

  • Photographs or CCTV footage of the accident site
  • Contact details of witnesses who could provide a statement to support your claim.
  • Medical records
  • Any documentation relating to the accident such as an accident report
  • Proof of expenses caused by your injuries could be useful.

It could also be prudent to check your eligibility to claim for work injuries. Compensation claims can be complex, and getting legal advice could save a lot of stress. If you would like to find out more about what you should do after an accident at work our guide can help you before you submit a claim.

If you’re eligible for compensation for your injuries at work, your claim could be handled by a solicitor from our panel. You can contact our advisors to check whether a No Win No Fee solicitor could handle your case.

Calculating Payouts For Work Related Injuries

If your claim succeeds you may receive compensation for your work related injuries, however, the amount awarded depends on the type of injury and the level of severity. 

The Judicial College Guidelines (JCG) publishes the potential compensation brackets for general damages, which covers the pain and suffering sustained during your injury. The following table consists of compensation brackets for injuries laid out by the JCG:

Edit
Injury Compensation Notes
Moderate brain damage (i) £150,110 to £219,070 Moderate to severe intellectual deficit, effects on sight, personality change, effects to senses and speech with risk of epilepsy and no employment.
Severe neck injury (i) In the region of
£148,330
Incomplete paraplegia or causing permanent spastic quadriparesis or despite wearing a collar 24 hours a day for years still has movement limitations in the neck. Suffers from intractable severe headaches.
Loss of sight in one eye with reduced vision in the remaining eye (ii) £63,950 to £105,990 Reduced vision in the remaining eye and/or problems such as double vision
Chest injury (d) £12,590 to £17,960 Simple injury (single penetrating wound) resulting in permanent tissue damage with no notable long-term effects on lung function.
Partial hearing loss or/and tinnitus (iv) Around £11,720 Mild tinnitus alone or noise-induced hearing loss alone.
Minor back injury (ii) £4,350 to £7,890 Complete recovery without surgery between three months and two years.
Minor shoulder injuries (i) £4,350 to £7,890 Injury to the soft tissue with notable pain, but complete recovery within a couple of years.
Lesser injury to the pelvis and hips (i) £3,950 to £12,590 Despite the notable injury, there is little to no residual disability. Complete recovery in two years may not exceed the mid-bracket award.
Less severe post-traumatic stress disorder (d) £3,950 to £8,180 Virtual recovery within one to two years and persisting minor symptoms over any longer period.
Lung disease (h) £2,200 to £5,320 Temporary irritation of bronchitis or other chest problems recovered within a few months.

You may be eligible for special damage compensation for your work related injuries. Special damages cover the financial costs incurred during your injury, including:

  •  Loss of income and future earnings
  • Travel expenses to and from medical appointments
  • Medical procedures sought outside the NHS

These are just a few examples of special damages. Contact our advisors today to find out about potential compensation payouts for your work related injuries. 

How We Could Help You Start Your Claim For Work Related Injuries

Contact our advisors today if you would like to begin your personal injury claim for your work related injuries, they can help to determine whether you have grounds for a claim and may pass it to our panel of No Win No Fee solicitors.

No Win No Fee agreements, otherwise known as conditional fee agreements, are beneficial when filing a claim as they allow you to hire a solicitor with no requirement for upfront fees. If your claim fails then you don’t pay a success fee to your solicitor. Your lawyer will only take a success fee if your claim is successful. A success fee is a small, legally-capped percentage of your compensation.

Feel free to contact our advisors today to begin your claim by: 

Related Injury Claims Guides 

We also have a bunch of dedicated guides on making an accident at work claim, which you can read below:

Or, the informative links below:

When can I visit an urgent treatment centre?

Can I receive Statutory Sick Pay?

HSE – Accidents and Investigations 

Contact our advisor now for free legal advice on claiming for work related injuries.